ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

S.M.A No. 113 of 2010.

Date                          Order with signature of Judge

For hearing of main application.

21-05-2010     

Mr. Muzaffer Iqbal advocate for the petitioner alongwith petitioner Mst. Fouzia Khatoon.

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            Through this S.M.A the petitioner Mst. Fouzia Khatoon widow of Muhammad Aslam Siddiqui has applied for grant of Succession Certificate in respect of debts and securities left by deceased Muhammad Aslam Siddiqui s/o Muhammad Yahya Siddiqui, who died on 28.11.2009 at Karachi.

            Upon a perusal of file, it appears that at the time of death, deceased Muhammad Aslam Siddiqui was issueless as such he left behind the legal heirs viz: petitioner Mst. Fouzia Khatoon (wife), Mst. Shabina Haqani (sister), Mst. Bilquees Shahwar (Sister), Mst. Ishrat Shahwar (sister), Mst. Farhat Shahwar (sister), Owais Akhter Siddiqui (nephew) and minor Wasi Akhter Siddiqui (nephew). All the legal heirs of the deceased have filed their respective Affidavits of No Objection to the grant of Succession Certificate in favour of the Petitioner except minor Wasi Akhter Siddiqui.

            An application U/O 32 Rule 1 & 2 C.P.C was moved for appointment of Mst. Mah Talat as guardian ad-litem of minor legal heir Wasi Akhter Siddiqui on the ground that she is real mother of the minor, none raised any objection, therefore, the said application was allowed.

            Today all the legal heirs including petitioner as well as Mst. Mah Talat guardian ad-litem of minor Wasi Akhtar Siddiqui are present in Court who categorically stated that they have has no objection if Succession Certificate is granted in favour of the petitioner. Two witness namely Masood Ahmed and Syed Ghulam Haqani alongwith their original CNICs are also present in Court, they stated that at the time of death, deceased Muhammad Aslam Siddiqui has left behind the above mentioned legal heirs as stated in para No.3 of the petition and they also identified the petitioner and other legal heirs.

            Since all the formalities including the publication in Daily “Jang” Karachi in its issue of 03.05.2010 have been fulfilled but none has come forward to raise any objection, therefore this Application is allowed and the Nazir of this Court is directed to issue Succession Certificate to the Petitioner in respect of the debts and securities of the deceased Muhammad Aslam Siddiqui in accordance with the rules. However Nazir is further directed to deposit the share of minor Wasi Akhtar Siddiqui in any Government profitable scheme.

            The S.M.A. stands disposed off.

                                                                                                                 JUDGE

Abdul Salam/P.A